Legal Opinion · Dissent

Jasper School District v. Gormley

Court of Appeals of Georgia

Decided March 17, 1938No. 26692, 26693Published

1DissentFelton, J.

I am of the opinion that the statute of limitations did not begin to run until a demand was made for payment of the money due by reason of the fact that it was owed to the bank, because the trustees were not in equity and good conscience entitled to retain it. Haupt v. Horovitz, 31 Ga. App. 203 (120 S. E. 425); Poole v. Trimble, 102 Ga. 773 (29 S. E. 871); Patterson v. Blanchard, 98 Ga. 518 (25 S. E. 572); Central Railroad v. First National Bank of Lynchburg, 73 Ga. 383. The cases of Bank of Oglethorpe v. Brooks, Farmers Bank v. Bennett, Knight v. Roberts, and Smalling v. Dunlap, cited in the…

2Cases cited6 opinions

  1. Central Railroad v. First National BankSupreme Court of Georgia · 1884
  2. Haupt v. HorovitzCourt of Appeals of Georgia · 1923
  3. Jackson Banking Co. v. GastonSupreme Court of Georgia · 1919
  4. Patterson v. BlanchardSupreme Court of Georgia · 1896
  5. Poole v. TrimbleSupreme Court of Georgia · 1898

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